California Legislature—2015–16 Regular Session

Assembly Bill No. 982

Introduced by Assembly Member Eggman

February 26, 2015

An act to amend Sections 8205 and 8263 of the Education Code, relating to child care.

LEGISLATIVE COUNSEL’S DIGEST

AB 982, as introduced, Eggman. Child care and development: eligibility: priority: homeless children.

Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify for public assistance and other low-income and disadvantaged families.

This bill would also include homeless families as part of the intended priority for child development programs.

Existing law requires the Superintendent to adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement laws relating to child care and development services. Existing law requires families to meet certain requirements in order to be eligible for subsidized child development services, including that the family needs child care services because the child is identified by a legal, medical, or social services agency, or emergency shelter as being a recipient of a protective service or being neglected, abused, or exploited, as provided.

This bill would expand the list of entities that can identify a child in need to include a local educational agency liaison for homeless children and youths, a Head Start program, or a transitional shelter. The bill would expand the list of children to be identified to include a homeless child.

Existing law provides priority for subsidized child development services. First priority, under the law, goes to neglected or abused children, as provided.

This bill would also provide first priority to homeless children, as provided.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 8205 of the Education Code is amended
to read:

8205.  

It is the intent of the Legislature that in providing child
development programs the Superintendent begin delete of Public Instruction end delete
give priority to children of families that qualify under applicable
federal statutes or regulations as recipients of public assistance
and other low-income and disadvantaged families begin insert , including
homeless families end insert . Federal reimbursement shall be claimed for begin delete any end delete
begin insert a end insert child receiving services begin delete under end delete begin insert pursuant to end insert this chapter for whom
federal funds are available.

SEC. 2.  

Section 8263 of the Education Code is amended to
read:

8263.  

(a) The Superintendent shall adopt rules and regulations
on eligibility, enrollment, and priority of services needed to
implement this chapter. In order to be eligible for federal and state
subsidized child development services, families shall meet at least
one requirement in each of the following areas:

(1) A family is (A) a current aid recipient, (B) income eligible,
(C) homeless, or (D) one whose children are recipients of protective
services, or whose children have been identified as being abused,
neglected, or exploited, or at risk of being abused, neglected, or
exploited.

(2) A family needs the child care services (A) because the child
is identified by a legal, medical, or social services agency, begin insert a local
educational agency liaison for homeless children and youths
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
the United States Code, a Head Start program, end insert or begin insert an end insert emergency
begin insert or transitional end insert shelter as (i) a recipient of protective services begin delete or end delete begin insert , end insert
(ii) being neglected, abused, or exploited, or at risk of neglect,
abuse, or exploitation, begin insert or (iii) being homeless end insert or (B) because the
parents are (i) engaged in vocational training leading directly to a
recognized trade, paraprofession, or profession, (ii) employed or
seeking employment, (iii) seeking permanent housing for family
stability, or (iv) incapacitated.

(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for federal and state subsidized child development
services is as follows:

(1) (A)  begin insert (i) end insert begin insert   end insert First priority shall be given to begin insert both of the following: end insert
begin delete neglected end delete

begin insert (I) end insert begin insert   end insert begin insert Neglected end insert or abused children who are recipients of child
protective services, or children who are at risk of being neglected
or abused, upon written referral from a legal, medical, or social
services agency. begin delete If end delete

begin insert

(II) Homeless children, upon written referral from a local
educational agency liaison for homeless children and youths
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
the United States Code, a Head Start program, or an emergency
or transitional shelter.

end insert

begin insert (ii) end insert begin insert   end insert begin insert If end insert an agency is unable to enroll a child in the first priority
category, the agency shall refer the family to local resource and
referral services to locate services for the child.

(B) A family who is receiving child care on the basis of being
a child at risk of abuse, neglect, or exploitation, as defined in
subdivision (k) of Section 8208, is eligible to receive services
pursuant to subparagraph (A) for up to three months, unless the
family becomes eligible pursuant to subparagraph (C).

(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or, if the child is
receiving child protective services during that period of time, and
the family requires child care and remains otherwise eligible. This
time limit does not apply if the family’s child care referral is
recertified by the county child welfare agency.

(2) Second priority shall be given equally to eligible families,
regardless of the number of parents in the home, who are income
eligible. Within this priority, families with the lowest gross monthly
income in relation to family size, as determined by a schedule
adopted by the Superintendent, shall be admitted first. If two or
more families are in the same priority in relation to income, the
family that has a child with exceptional needs shall be admitted
first. If there is no family of the same priority with a child with
exceptional needs, the same priority family that has been on the
waiting list for the longest time shall be admitted first. For purposes
of determining order of admission, the grants of public assistance
recipients shall be counted as income.

(3) The Superintendent shall set criteria for, and may grant
specific waivers of, the priorities established in this subdivision
for agencies that wish to serve specific populations, including
children with exceptional needs or children of prisoners. These
new waivers shall not include proposals to avoid appropriate fee
schedules or admit ineligible families, but may include proposals
to accept members of special populations in other than strict income
order, as long as appropriate fees are paid.

(c) Notwithstanding any other law, in order to promote
continuity of services, a family enrolled in a state or federally
funded child care and development program whose services would
otherwise be terminated because the family no longer meets the
program income, eligibility, or need criteria may continue to
receive child development services in another state or federally
funded child care and development program if the contractor is
able to transfer the family’s enrollment to another program for
which the family is eligible before the date of termination of
services or to exchange the family’s existing enrollment with the
enrollment of a family in another program, provided that both
families satisfy the eligibility requirements for the program in
which they are being enrolled. The transfer of enrollment may be
to another program within the same administrative agency or to
another agency that administers state or federally funded child
care and development programs.

(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision
(a) of Section 18086.5 of Title 5 of the California Code of
Regulations for an additional 60 working days if he or she
determines that opportunities for employment have diminished to
the degree that one or both parents cannot reasonably be expected
to find employment within 60 working days and granting the
extension is in the public interest. The scope of extensions granted
pursuant to this subdivision shall be limited to the necessary
geographic areas and affected persons, which shall be described
in the Superintendent’s order granting the extension. It is the intent
of the Legislature that extensions granted pursuant to this
subdivision improve services in areas with high unemployment
rates and areas with disproportionately high numbers of seasonal
agricultural jobs.

(e) A physical examination and evaluation, including
age-appropriate immunization, shall be required before, or within
six weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to a
child care and development program of a child whose parent or
guardian files a letter with the governing board of the child care
and development program stating that the medical examination or
immunization is contrary to his or her religious beliefs, or provide
for the exclusion of a child from the program because of a parent
or guardian having filed the letter. However, if there is good cause
to believe that a child is suffering from a recognized contagious
or infectious disease, the child shall be temporarily excluded from
the program until the governing board of the child care and
development program is satisfied that the child is not suffering
from that contagious or infectious disease.

(f) Regulations formulated and promulgated pursuant to this
section shall include the recommendations of the State Department
of Health Care Services relative to health care screening and the
provision of health care services. The Superintendent shall seek
the advice and assistance of these health authorities in situations
where service under this chapter includes or requires care of
children who are ill or children with exceptional needs.

(g) The Superintendent shall establish guidelines for the
collection of employer-sponsored child care benefit payments from
a parent whose child receives subsidized child care and
development services. These guidelines shall provide for the
collection of the full amount of the benefit payment, but not to
exceed the actual cost of child care and development services
provided, notwithstanding the applicable fee based on the fee
schedule.

(h) The Superintendent shall establish guidelines according to
which the director or a duly authorized representative of the child
care and development program will certify children as eligible for
state reimbursement pursuant to this section.

(i) Public funds shall not be paid directly or indirectly to an
agency that does not pay at least the minimum wage to each of its
employees.